Post
by IS777 » Thu Oct 20, 2016 1:48 pm
Hello,
Can anyone assist with a proper advice on the chances of making an ILR application on the basis of the following history?
1. I entered UK on 22nd September, 2005 on student visa, extend student various student visa in time until 31st January, 2009.
2. Make an in time application for tier 1 post-study work visa on 31st January, 2009. Application refused on the basis of maintenance and photo copy documents. Make an in time appeal and won the appeal successfully. Got post-study work visa until 8th September, 2011.
3. Make in time FLR(o) application on 22nd August, 2011. Application refused. Follow an in time appeal process with no success and final judgement came on 31st January, 2012.
4. I Was already enrolled on PhD course from September, 2011 but the reason for sending an FLR(o) application instead of Tier 4, is that I was also running a business which I started on my post-study work visa and I couldn't continue study and business on Tier 4 visa. The plea in FLR(o) application was to get some time to sell the business and then move back to Tier 4.
5. However, following the unsuccessful appeal process of FLR(o) application that ended on 31st January, 2012. In order to continue with my PhD, I sent Tier 4 application on 8th February, 2012, which has been refused for maintenance funds issue on 17th May, 2012 with no right of appeal and I received the refusal letter on 24th May, 2012. They also forward my passport to enforcement team and asked me to get in touch with them. I sent a letter to UKBA on 29th May, 2012 with explanation as to why I can't leave and I am sending a fresh application with full documents.
6. I sent a fresh application with full documents on 8th June, 2012. This application has been lost somewhere in the UKBA and they arrest me for deportation in October, 2012. I maintained my position that my application is in process and got a relief from High Court. The time was passing and in the end UKBA accepted that we have the application and we would like to reconsider the application, if I take my case back from High Court. I accepted the offer. They re-consider the application and issue me visa in January, 2014.
7. Following this, I renew my visa couple of time by sending an in time applications and now I am on post-doctoral extension visa, which is expiring on 8th June, 2017.
Summary: Overall I completed more than 10 years. In my person opinion, the history looked relatively straight forward until 31st January, 2012 if I take into account Section 3c protection. And again the history looked relatively straight forward, if I take into account the 8th June, 2012 application and the time spent after that. However, the gap between 31st January, 2012 and 8th June, 2012 is of concern. I did send my first Tier 4 application on 8th February, 2012 which is refused on 17th May, 2012 and I received the letter on 24th May, 2012 but I don't know if this application can be counted towards lawful residence or not? Because with this application total gap is less than 28 days and without this application total gap is more than 28 days.
I am looking forward for clear and true advise on this matter because some solicitors say it is possible and some say it is not. Thanks in advance.
. I want to apply in April 2017 for ILR through the 10 year long residence. Arrived in 2007 as a dependant to an HSMP applicant, relationship broke down along the line and was refused the extension of my visa. I put in another application through 7 years child consent route was refused. Appealed to the upper tribunal and my appeal was refused because my solicitor was 1 day over the the 28 day given i.e BC expired on 16th of June 2014 and the appeal submitted on 16th of July 2014. I was then sent a letter by the upper tribunal that the matter be withdrawn by consent order and that it will be reviewed and decision reconsidered. I was later granted 30 months leave to remain under the 10 year family route.
i have try to read notes guidance but its really confusing someone have wrote i have to email them and until i didn't get confirmation letter i can't vary application and other says i have to write letter in post along with application, but in my circumstances i m going to premium service for ILR LR i couldn't find any relevant information for vary the application please advise